NARANBHAI MASRIBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, by way of this appeal filed under Section 14(A) of the Prevention of Atrocities Amendment Act, 2015 seeks regular bail in connection with the FIR being C.R.No.11186004200684 of 2020 registered with Prabhash Patan Police Station, Dist. Gir-Somnath for the offences punishable under Sections 365, 376(2)(n),354, 506(2) and 114 of Indian Penal Code, and Sections 3(1)(R), 3(2)(4), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(2.) Heard Mr.Ashish Dagli, learned counsel for the appellant, Mrs.Krina Calla, learned APP for the respondent State and Mr.Prashant Chavda, learned counsel for respondent No.2.

(3.) The appellant is facing charges for making assault and use of criminal force with intent to outrage modesty of victim, kidnapping her and committed rape repeatedly. The victim is aged about 22 years has filed the FIR alleging inter alia that before the incident, she was working as Farm labourer in the field of the appellant and thereafter under the guise of threat, she had been raped at the farm. It is alleged that under the threat and fear of death, signature was taken on the blank paper and was taken to different place like Gadu, Rajkot, Udepur, Shrinathji where she had been raped by the appellant against her own will and consent. Under such circumstances, the FIR under the aforesaid offences as referred above, came to be registered against the present appellant and other co-accused. The appellant was arrested on 04.02.2020. The chargesheet in the case has been filed by the Investigating Officer. The learned Sessions Judge considering the seriousness of the offence has rejected the bail application.